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stew1988
Joined: 04 Apr 2011
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Posted: Sat Jan 07, 2012 12:25 am Post subject: Can my Korean wife travel and work in the EU? |
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Hi there.
I am British and my wife is South Korean (we got married in the UK).
She is currently on a tourist VISA and that VISA is due to expire at the end of April. As a result I have a few questions about her right to travel and work in the EU. The trouble is, everything is so confusing with regards to this and very contradictory at times. Thanks in advance...
1. My South Korean wife entered the UK on a tourist VISA (valid for 6 months). We got married during that period in the UK. As my wife, does this give her any additional rights, ie: the right to extend her stay in the UK. The ridiculous thing is that from my research I gather that it does not actually give her any additional rights other than the fact we have to fill out a 500 pound form at which point she "may or may not" gain a residency permit...wonderful.
2. As my wife, let's say she exits the UK at the end of her 6 months VISA. Does this then give her the right to enter the UK again in a border run of sorts? Once again, from what I gather, once she exits the UK this time, she must then wait another year before she can get back in again. Wonderful...
3. How about the EU? As a spouse of an EU national, I gather that this gives her the right of abode in the EU countries, am I right in thinking that? In terms of living in another EU country, is it as simple as going to the EU country of our choosing and her registering for a permit whilst in their country?
4. How about travelling in the EU? As my wife, does this give her unlimited time in any EU country for an unlimited period of time or does she still fall under the ridiculous Schengen VISA restrictions that continue to confuse me?
Thanks a lot for your help! |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Jan 07, 2012 12:33 am Post subject: Re: Can my Korean wife travel and work in the EU? |
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stew1988 wrote: |
Hi there.
I am British and my wife is South Korean (we got married in the UK).
She is currently on a tourist VISA and that VISA is due to expire at the end of April. As a result I have a few questions about her right to travel and work in the EU. The trouble is, everything is so confusing with regards to this and very contradictory at times. Thanks in advance...
1. My South Korean wife entered the UK on a tourist VISA (valid for 6 months). We got married during that period in the UK. As my wife, does this give her any additional rights, ie: the right to extend her stay in the UK. The ridiculous thing is that from my research I gather that it does not actually give her any additional rights other than the fact we have to fill out a 500 pound form at which point she "may or may not" gain a residency permit...wonderful.
2. As my wife, let's say she exits the UK at the end of her 6 months VISA. Does this then give her the right to enter the UK again in a border run of sorts? Once again, from what I gather, once she exits the UK this time, she must then wait another year before she can get back in again. Wonderful...
3. How about the EU? As a spouse of an EU national, I gather that this gives her the right of abode in the EU countries, am I right in thinking that? In terms of living in another EU country, is it as simple as going to the EU country of our choosing and her registering for a permit whilst in their country?
4. How about travelling in the EU? As my wife, does this give her unlimited time in any EU country for an unlimited period of time or does she still fall under the ridiculous Schengen VISA restrictions that continue to confuse me?
Thanks a lot for your help! |
1) NO. Marriage gives her the right to apply to immigrate / apply for residence to the UK but does not by itself convey right of residence. She will have to leave when her visa expires.
2) You know the answer.
3) No. The process is the same as that for the UK.
4) Until she gets a residence permit she falls under the Schengen visa rules.
There are no shortcuts. Spend the 500 quid and do it right or go back to Korea with her till you take care of the immigration issues.
. |
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daeguowl
Joined: 06 Aug 2009 Location: Seoul
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Posted: Tue Jan 31, 2012 12:03 am Post subject: Re: Can my Korean wife travel and work in the EU? |
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stew1988 wrote: |
Hi there.
I am British and my wife is South Korean (we got married in the UK).
She is currently on a tourist VISA and that VISA is due to expire at the end of April. As a result I have a few questions about her right to travel and work in the EU. The trouble is, everything is so confusing with regards to this and very contradictory at times. Thanks in advance...
2. As my wife, let's say she exits the UK at the end of her 6 months VISA. Does this then give her the right to enter the UK again in a border run of sorts? Once again, from what I gather, once she exits the UK this time, she must then wait another year before she can get back in again. Wonderful...
Thanks a lot for your help! |
A tourist visa allows you to accumulate 6 months in any 12 month period as far as I know. So no visa runs permitted. |
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cj1976
Joined: 26 Oct 2005
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Posted: Tue Jan 31, 2012 4:52 pm Post subject: |
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"we have to fill out a 500 pound form at which point she "may or may not" gain a residency permit...wonderful."
Reason #7,464 not to return to the UK. Every time I contemplate going back there, something like this pops up to remind me how shit it is. Thanks. |
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Murakano
Joined: 10 Sep 2009
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Posted: Tue Jan 31, 2012 5:08 pm Post subject: |
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cj1976 wrote: |
Reason #7,464 not to return to the UK. Every time I contemplate going back there, something like this pops up to remind me how shit it is. Thanks. |
same here |
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stew1988
Joined: 04 Apr 2011
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Posted: Thu Feb 02, 2012 12:17 pm Post subject: |
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It's always nice to pop back to the UK because it will always be my home. It's wonderful coming back for a few weeks or so but the idea of staying permanently is horrifying to be honest I'd rather be anywhere else at the moment and I've certainly realized over time that in the past, I have been all too quick to criticize South Korea. All too quick to criticize considering the God awful state of my own country  |
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modernseoul
Joined: 11 Sep 2011 Location: Seoul
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Posted: Thu Feb 02, 2012 1:38 pm Post subject: |
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My fiance is Korean and we are currently back in the UK visiting and planning our future. It's sad but the situation here work wise is bad and therefore; would your wife/my fiance have better prospects here than you would in Korea on an F5 visa? Maybe not.
There are working holiday programs which means Korean nationals can work in Denmark or Germany, if they meet the requirements. But jobs there are also not great these days.
However if somebody has a special or required skill then just like in Korea they can get a sponsored visa from a company. Also if they are on a student visa they can work part time (around 20hours per week). |
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adzee1
Joined: 22 Jul 2010
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Posted: Thu Feb 02, 2012 4:49 pm Post subject: |
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As others have mentioned she cant work in the UK as she has a tourist visa and the visa needs to be applied for from outside the UK, but I think in some parts of the EU she could be able to work if she applies for the relevant permit.
I am from the UK have a wife from outside the EU ( Mexico ) and investigated living in Spain, I emailed the EU lawyers and they said that in Spain once i had registered for work there which is a simple process for a Brit, then my wife would be allowed full working rights of an ordinary EU person.
I think the process involved taking your marriage certificate, an application form and about 50 Euros to a government office in Spain to get a "Tarjeta de Residencia de Familiar de Cuidadano de la Union"
Here is a link on how to do it, there is lots of other info around aswell, the EU has a team of lawyers who give you free advice regarding any EU immigration matter, I dont have the address to hand but search for it and i am sure you will find it.
http://www.spainexpat.com/spain/information/registering-non-eu-spouse-in-spain/ |
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